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2017 (5) TMI 878 - AT - Central ExciseAdjustment of sanctioned refund amount against arrears of Central Excise duty of lessor company - Held that: - the appellants have not succeeded or acquired the business or trade of the arrears holder and even have not purchased any property of the arrears holder. They have simply entered into a lease agreement with reference to one of the properties of the arrears holder. This cannot make the appellants liable for any Central Excise duty arrears standing in the name of the owner of the land M/s Kalani Industries - the lease deed provisions have no relevance or application to justify the adjustment of sanctioned refund amounts payable to the appellant, against the arrears standing against M/s Kalani Industries - adjustment not allowed - appeal allowed - decided in favor of appellant.
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